Everything MLRC has published, in any publication, since 2017.
“It is disingenuous and anomalous on the part of Dr. Black and St. Mary’s to say on the one hand that CNN should be held liable for failing to report risk adjusted data, and on the other hand to deny CNN access to that very same data,” Senior Judge Richard Oftedal wrote in the decision.
The court also ruled, for the first time, that the reporter’s privilege survives the death of the reporter who gathered the information, finding that to hold otherwise would “be directly contrary to the statute’s purpose.”
MLRC Executive Director dons his santa cap to dispense helpful gifts to the major newsmakers of 2023.
Bakersfield Californian v. Superior Court of Kern County: After an Unsuccessful Criminal Subpoena Challenge, Depublication of the Court of Appeal’s Decision is SoughtSarah E. Burns and Thomas R. Burke
This article summarizes why the unique facts of this case render the opinion an inappropriate precedent that endangers journalists and publishers in future Shield Law situations.
The Court’s ruling, which certainly could have taken a narrower path, was not only a victory for police transparency but also a wider victory in beating back overzealous application of Marsy’s Law protections.
Maine Newspapers, Broadcasters Challenge Law Requiring “Due Diligence” on Advertisers Before Running Political AdsSigmund D. Schutz and Alexandra Harriman
A new Maine law that bans political advertising by foreign government-influenced entities has a remarkable feature of special concern for news organizations: it enlists news outlets to enforce the ban.
Journalists’ Civil Rights Claims for Abuses During George Floyd and Daunte Wright Protests Can Go to TrialIsabella Salomão Nascimento, Pari McGarraugh, and Kevin Riach
All told, the Court’s decision is an unqualified victory for Plaintiffs in this case, their fellow journalist colleagues, and the First Amendment writ large.
California Federal Court Grants Summary Judgment for Defendants in Ad Astra Copyright / Idea Theft CaseDavid Aronoff and Josh Bornstein
Plaintiff alleged that Ad Astra infringed his copyright in and stole ideas from his unproduced spec screenplay entitled Cosmic Force. However, in granting summary judgment the Court ruled that these claims failed to raise genuine issues warranting a trial.
This decision will be helpful to documentary filmmakers who incidentally capture copyrighted works while documenting actions and events that are of legitimate public concern.
“Once Officer Holtan was aware Nieters was a member of the press and had no reason to believe Nieters had been within hearing distance of the orders to disperse,” the opinion states, “it certainly was not an ‘objectively reasonable’ mistake to believe probable cause existed for the arrest.”
In concluding that the claims were time-barred under Pennsylvania’s one-year statute of limitations for defamation, the Third Circuit provided welcome clarity on the application of the single-publication rule to statements made on the internet and by journalists during the reporting process.
A FOIA lawsuit in the U.S. District Court for the Western District of Missouri recently led to the discovery of 8,000-plus pages of hospital survey materials that the requesters were previously told could not be found.
Judge Scoville’s ruling joined numerous other state courts in finding that text messages of public employees housed on personal cell phones are not outside the statutory definition of “public records” merely because they were never transferred to any government entity’s servers for storage and retrieval.
Telephone Records Showing County Jail Snooping on Private Attorney-Client Phone Calls Ruled Public Records in MaineSigmund D. Schutz and Alex Harriman
In a recent win, the Maine Monitor secured a Superior Court order establishing that public records law requires disclosure of reports showing whether jails have recorded privileged telephone calls between jail inmates and their attorneys.
A government body — perhaps for the first time — has ruled that name, image, and likeness contracts that college athletes submit to public universities are public records and not protected from disclosure under the Family Education Rights and Privacy Act (FERPA).
A recent drone journalism opinion out of the Fifth Circuit could have negative implications for years to come, beyond the issues in the case itself.
In a strongly worded opinion, Judge Bataillon of the District of Nebraska granted NBCU’s motion to dismiss with prejudice on substantial truth grounds.